Expert Witness Services
Expert Services International can provide expert witness services in Vietnam, particularly in international arbitration under VIAC rules and cross-border construction disputes.
Vietnamese Expert Witness Practice
Expert Services International can provide expert witness services in Vietnam, particularly in international arbitration and cross-border construction disputes. Vietnam operates a civil law system, and expert evidence in domestic courts is provided through a forensic expertise system under the Law on Judicial Expertise 2012, with court-appointed experts.
The Law on Commercial Arbitration 2010 provides the statutory framework for arbitration. VIAC (Vietnam International Arbitration Centre) is the principal arbitration institution, and the Construction Law 2014 (amended 2020) governs construction disputes. In international arbitration, party-appointed experts are accommodated under VIAC and other institutional rules.
Vietnam is a civil law jurisdiction with a socialist legal tradition. Expert evidence in domestic courts is provided through a forensic expertise system under the Law on Judicial Expertise 2012, with court-appointed experts. Party-appointed experts are accommodated in international arbitration under institutional rules.
Expert Evidence Framework
Expert evidence in Vietnamese courts is governed by the Civil Procedure Code 2015, which establishes the procedures for expert assessment and expert valuation before the People's Courts. The Vietnamese court system underwent a significant judicial restructuring in July 2025 as part of broader legal reform. Under this restructuring, district courts ceased operations, and 355 regional courts were established to exercise jurisdiction over civil, commercial, labour and family disputes at the regional level. These regional courts, operating under the Civil Procedure Code 2015, exercise responsibility for granting evidence collection orders, processing applications and handling the recognition and enforcement of foreign arbitration awards.
The appointment and conduct of expert witnesses in civil proceedings before the People's Courts is governed by provisions of the Civil Procedure Code 2015. When expert evidence is required in disputes before the People's Courts, the court may appoint experts to conduct examinations and assessments, or the parties may propose qualified experts to provide expert opinions. Experts appointed to provide evidence before the People's Courts are required to maintain independence and provide objective professional views based on their relevant expertise. The costs of expert assessment or valuation may be advanced by the requesting party or allocated by the court depending on the circumstances of the case.
The Law on Commercial Arbitration 2010 (Law 54/2010/QH12) recognises that an arbitral tribunal may order an inspection or appraisal of property or goods in Article 46. The tribunal may also rely on expert evidence presented by the parties and may appoint its own experts to address technical matters relevant to the dispute. The integration of expert evidence procedures into both the court system and the arbitration framework reflects international best practice and recognises the critical importance of independent expert evidence in resolving disputes involving technical matters.
International Arbitration
The Law on Commercial Arbitration 2010 (Law 54/2010/QH12) is based on the UNCITRAL Model Law 2006 and provides the legislative foundation for both domestic and international commercial arbitration in Vietnam. This law creates a flexible framework for the conduct of arbitral proceedings, with minimal intervention from the courts except in relation to enforcement of arbitration agreements and recognition and enforcement of arbitration awards. The Vietnam International Arbitration Centre (VIAC) is the most established domestic arbitration institution in Vietnam and has developed significant expertise in the resolution of commercial disputes, including construction and infrastructure disputes.
The arbitration framework in Vietnam permits the appointment of foreign arbitrators, and English language proceedings are available, creating opportunities for international dispute resolution in Vietnam that reflects contemporary practice. The Vietnam International Arbitration Centre has worked closely with the legal community to develop arbitration procedures aligned with international standards and best practice. VIAC is currently working on revised Rules for 2025 that will incorporate international best practices and reflect developments in international arbitration more broadly. These revised rules are expected to include draft amendments to the constitution of the arbitral tribunal and procedures governing the submission and conduct of expert evidence.
Complex construction and infrastructure disputes in Vietnamese arbitration typically require 18 to 24 months for full resolution, reflecting the technical complexity of these disputes and the need for comprehensive expert evidence. The arbitration procedure accommodates the submission of detailed expert reports, expert meetings to narrow issues and expert testimony before the tribunal. Whilst the Vietnam International Arbitration Centre maintains its own procedural rules, arbitrators increasingly refer to the International Bar Association Rules on Taking of Evidence in International Arbitration for guidance on managing expert evidence effectively, and the Chartered Institute of Arbitrators has an active East Asia Branch with membership throughout the region, including Vietnam, which promotes international best practice through the CIArb Protocol for the use of party-appointed expert witnesses in international arbitration.
Construction Disputes
Construction disputes in Vietnam are governed by the Construction Law 2014 (amended 2020), which establishes the substantive legal framework for construction contracts, construction standards, licensing and construction dispute resolution. FIDIC (Fédération Internationale des Ingénieurs-Conseils) contract forms are widely used in Vietnamese construction projects involving international contractors and consultants, and standard form contracts have been adapted for Vietnamese construction practice to incorporate Vietnamese law and dispute resolution procedures.
The prevalence of FIDIC contracts and standard form contracts in Vietnamese construction projects reflects the international nature of much of Vietnam's construction sector. These contract forms typically contain detailed provisions governing the processes for addressing disputes, claims procedures, and the role of engineers and other neutral parties in resolving disputes during construction. Expert evidence is commonly required to establish the facts underlying construction disputes, including the cause of delays, the effects of variations and changes on project costs and duration, the quality of construction work and compliance with construction standards, and the allocation of responsibility for cost overruns and project delays. The application of expert witness services to these issues requires detailed knowledge of both Vietnamese substantive law and international standard form contracts.
Contemporary Issues
Vietnamese legal and dispute resolution frameworks have undergone significant developments in recent years, reflecting the nation's commitment to modernising its legal and procedural systems and aligning with international best practice. The major judicial restructuring in July 2025, which resulted in the establishment of 355 regional courts to replace the former district court system, represents a substantial reorganisation designed to strengthen the court system's capacity to handle complex commercial and construction disputes and to improve access to justice throughout Vietnam.
The Vietnam International Arbitration Centre, as the principal domestic arbitration institution, continues to evolve its procedures and practices. VIAC is undertaking a comprehensive revision of its Rules scheduled for publication in 2025. These revised rules will incorporate international best practices and reflect contemporary developments in international arbitration, including the use of technology in international proceedings and the conduct of expert evidence. The revised rules are expected to include amendments to the rules governing the constitution of arbitral tribunals, the appointment and conduct of arbitrators, and the procedures for presenting and managing expert evidence.
A significant development for the Vietnamese arbitration community is the HICAC2026 Ho Chi Minh City International Construction Arbitration Conference, scheduled for 2026 at the Rex Hotel in Ho Chi Minh City. This conference will bring together international and Vietnamese experts in construction arbitration to discuss contemporary issues in construction dispute resolution, including the effective use of expert evidence, procedural innovation and developments in international arbitration practice. Vietnam's growing profile in international arbitration, combined with the nation's substantial construction sector and the development of legal expertise in international dispute resolution, creates significant opportunities for expert witness services supporting disputes resolved through Vietnamese courts and arbitration forums.
Vietnam Expertise
Expert Services International brings expertise in expert witness services for disputes arising from construction and infrastructure projects in Vietnam. Led by Neil Kirkpatrick, a quantity surveyor and chartered arbitrator with experience in construction and infrastructure disputes in Asia-Pacific, our practice combines technical expertise in quantum, delay, disruption and construction defects with knowledge of Vietnamese legal frameworks, arbitration procedures and international dispute resolution standards.
Whether the dispute is proceeding in a Vietnamese People's Court, in international arbitration under the Vietnam International Arbitration Centre or in another arbitration forum, our team understands the specific requirements applicable to each forum and the integration of Vietnamese legal frameworks with international dispute resolution procedures. We prepare expert reports that comply with applicable procedural frameworks and professional standards, we provide testimony capable of withstanding scrutiny before Vietnamese courts and international arbitration tribunals, and we contribute effectively to expert meetings and concurrent expert procedures designed to narrow technical issues and promote resolution.
Our Expertise
Expert Services International can provide expert witness services to law firms, stakeholders, investors, contractors, principals, engineers and other parties involved in construction and infrastructure disputes in Vietnam and across the Asia-Pacific region. Our expertise spans the full range of quantum, delay, disruption and construction defects issues that commonly arise in construction, resource and infrastructure contracts, and we maintain knowledge of procedural requirements and dispute resolution mechanisms applicable in the region.
Our consultants prepare expert reports that address the procedural and evidentiary requirements applicable in Vietnam, ensuring compliance with relevant codes of conduct and professional standards. We provide expert testimony in litigation, arbitration, mediation, expert determination and adjudication proceedings, and we participate in contemporary expert procedures including concurrent evidence and expert meetings designed to narrow technical issues and promote resolution.
We are experienced in international arbitration conducted under institutional rules including the IBA Rules on Taking of Evidence, the CIArb Protocol for Party-Appointed Expert Witnesses, and the procedural frameworks of leading arbitral institutions. Whether the dispute is proceeding in local courts, international arbitration or statutory adjudication, our team can assist with expert reports, testimony and advisory services of the highest professional standard.
Service Scope
Detailed expert reports addressing quantum claims, delay analysis, construction defects and technical matters in proceedings before Vietnamese People's Courts and international arbitration forums. Our reports comply with applicable procedural frameworks and professional standards, presenting clear methodology, transparent reasoning and conclusions capable of withstanding expert scrutiny and cross-examination.
Providing expert testimony in proceedings before Vietnamese courts and in international arbitration proceedings. Our consultants are experienced in articulating complex technical and financial information clearly and persuasively, remaining composed under cross-examination and adapting their evidence as required by the court or tribunal.
Participation in expert meetings and concurrent expert evidence procedures to narrow areas of dispute and identify common ground. These procedures are increasingly utilised in Vietnamese arbitration and court proceedings to clarify technical positions and reduce the scope of contested expert evidence.
Expert services in international and domestic arbitration under Vietnam International Arbitration Centre rules and proceedings before Vietnamese People's Courts. We understand the specific procedural requirements applicable in each forum and the integration of Vietnamese law with international dispute resolution standards.
